F & S CONSTRUCTION COMPANY v. BERUBE

No. 7130.

322 F.2d 782 (1963)

F & S CONSTRUCTION COMPANY, an Arizona corporation, Appellant, v. Emil BERUBE and Ellen Berube, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 16, 1963.


Attorney(s) appearing for the Case

William E. Kenworthy, Denver, Colo. (Fugate, Mitchem, McGinley & Hoffman, Denver, Colo., on the brief), for appellant.

Robert G. McIlhenny, Denver, Colo., for appellees.

Before PICKETT and SETH, Circuit Judges, and CHRISTENSEN, District Judge.


SETH, Circuit Judge.

The appellees filed an action for breach of warranty and for negligence against the appellant which had sold a lot and constructed a house for them. The case was heard by the court and judgment was given for the plaintiffs-appellees on the ground of breach of implied warranty of fitness, and this appeal has been taken.

The record shows that the contract between the parties stated in part that appellees had paid a certain sum as earnest...

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